The Student Union at the University of Ottawa might be regretting the referendum it put forth in February 2010. The referendum, which passed, required all students to pay for an OC Transpo (Ottawa’s transit system) semester pass as a part of their fees, in the process reducing the passes’ cost from $242 to $145 per semester. However, nine U of O students are claiming that the fee imposition was unfair and are suing the Union in small-claims court for $6,022.57.
While the U-Pass program has been successful at post-secondary institutions across North America, the plaintiffs are arguing that the referendum was unconstitutional. The students are arguing that because the U-Pass fee pays for a public service, it can be considered a tax and, under the Canadian constitution the Student Union is not authorized to either collect or issue a tax.
They are also arguing that the referendum question was ambiguous and that students could not understand that the bus pass would not be valid on all transit networks.
Only about 20 per cent of the student population voted on the referendum question and only about two-thirds of those, or about 15 per cent of the student population, voted “yes.” Opposition remains strong with students who live close to campus and claim that the transit pass is unnecessary for them.
“I don’t have any need for it,” said second year Economics student and plaintiff Chris Spoke to the Ottawa Sun. “I live about a seven-minute walk away and I think I’ve used the bus twice since September.”
Student Union president Tyler Steeves told U of O student newspaper The Fulcrum, “it’s unfortunate that students’ money is going to be wasted defending this thing.”
But according to Spoke, for the student minority in question, it’s less about the financial burden and more about how much student unions should be able to impose on their members.
“If you need a bus pass, you should be able to buy one; if you don’t want one, you shouldn’t,” said Spoke.
The Student Union has been granted until the end of January to file a defence. In the meantime, the nine student plaintiffs remain hopeful for a settlement.
